EPA v. LOWE, GLENN EDWARD

Case summary

4/14/15 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. THE AOC PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTINAL WETLANDS AND WATERS OF THE U.S., INCLUDING 1.5 ACRES OF WETLANDS AND 750 LINEAR FEET OF STREAM CHANNEL WITHIN DRY BRANCH, A TRIBUTARY OF THE YELLOW RIVER, A NAVIGABLE WATER OF THE U.S., DURING ACTIVITIES ASSOCITAED WITH CONSTRUCTION OF AN IN-STREAM IMPOUNDMENT. THE SITE IS LOCATED WEST OF OLD RIVER ROAD IN BAKER, FL. COMMENCING ON OR ABOUT AUG 2010 TO PRESENT, RESPONDENT AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT, DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WETLANDS ON THE SITE USING EARTH MOVING MACHINERY DURING CONSTRUCTION OF AN IN-STREAM IMPOUNDMENT. TO DATE, THE UNAUTHORIZED DREDGED AND/OR FILL MATERIAL REMAINS IN WATERS OF THE U.S. EPA ISSUED AN ADMIN COMPLIANCE ORDER ON MARCH 4, 2011, REQUIRING THE RESPONDENT TO PRESENT A SITE RESTORATION PLAN THAT WOULD REMOVE THE IN-STREAM IMPOUNDMENT AND RESTORE THE WETLANDS AND STREAM TO PRE-IMPACT CONDITIONS. A RESPONSE WAS RECEIVED ON MAY 24, 2012, PROPOSING TO PERMIT THE POND AFTER-THE-FACT AND MITIAGATING FOR THE IMPACTS. ON NOV 19, 2014, EPA AND RESPONDENT AGREED THAT THE RESPONDENT WOULD PURSUE AN ATF PERMIT FOR THE IN-STREAM IMPOUNDMENT AND MITIGATE THE IMPACTS BY PURCHASING WETLAND CREDITS FORM AN APPROVED MITIGATION BANK. AT NO TIME DURING THE DISCHARGE OR DREDGED AND/OR FILL MATERIAL INTO THE DISCHARGE AREA DID RESPONDENT POSSESS A PERMIT UNDER CWA 404. AGREEMENT REQUIRES: A. WITHIN 90 DAYS, RESPONDENT SHALL APPLY TO THE COE JACKSONVILLE DISTRICT FOR A NATIONWID3 32 PERMIT AUTHORIZING THE 3.2 ACRE IN-STREAM IMPOUNDMENT TO REMAIN IN WATERS OF THE U.S. AT THE DISCHARGE AREA. IN GRANTED, THE RESPONDENT SHALL TIMELY COMPLY WITH ALL REQUIREMENTS AND CONDITIONS OF THE PERMIT; B. RESPONDENT SHALL PROVIDE A COPY OF THE COE'S PERMIT AUTHORIZATION TO EPA WITHIN 10 DAYS OF ISSUANCE; C. RESPONDENT WILL MITIGATE THE IMPACTS OF THE IN-STREAM IMPOUNDMENT BY PURCHASING 0.96 EMERGENT WETLAND CREDITS FROM THE GARCON PENINSULA MITIGATION BANK, LLC, AND PROVIDE DOCUMENTATION OF THE PURCHASED CREDITS TO EPA WITHIN 10 DAYS.

Defendants (1)

• LOWE, GLENN EDWARDNamed in settlement

Facilities (1)

• WETLANDS (LOWE, GLENN EDWARD)

  WEST OF OLD RIVER ROAD, BAKER, FL, 32531

  Registry ID: 110043468681

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• LOWE, GLENN EDWARDentered 2015-04-14

  Primary law: CWA

Timeline (2 milestones)

• 2015-04-14Final Order Issued
• 2015-05-06Enforcement Action Data Entered